المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Penal Law

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,524 available principles

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  1. - الامتناع عن النطق بالعقاب أو الأمر بوقف تنفيذ الحكم في جريمة الشيك

    Principle 802Exempting the perpetrator from punishment if he proves that he paid the value of the cheque before the final judgment was rendered. Permissible for the court. The perpetrator’s failure to pay renders him undeserving of tPenal Law · Source page ٢٢٥
  2. Principle 805An order refraining from pronouncing punishment for the offence of issuing a cheque without existing funds for payment. Example.Penal Law · Source page ٢٢٥
  3. Principle 806Error in applying the law. Abstention from pronouncing punishment for the offence of issuing a cheque without funds. Its condition. Article 237 of the Penal Code. Ordering abstention from pronouncing punishment for the oPenal Law · Source page ٢٢٥
  4. Principle 807Suspension of execution of the penalty for a cheque offence or abstention from pronouncing punishment therein. Its condition. The offender proving full payment of the cheque’s value. Partial payment is insufficient. ExamPenal Law · Source page ٢٢٦
  5. Principle 808Refraining from pronouncing punishment for the offense of issuing a cheque without sufficient funds. Its condition. Proof of payment of the cheque's value. Drawing up another cheque in replacement of the cheque constitutPenal Law · Source page ٢٢٦
  6. Principle 809Refraining from punishment in cheque offences. Conditional on payment of its value. The victim's withdrawal of his complaint because he obtained from the accused an acknowledgment of indebtedness for the value of the chePenal Law · Source page ٢٢٦

  7. - الارتباط بين جرائم الشيك

    Principle 811The offence of the accused issuing three cheques without existing funds available for withdrawal to cover payment, then issuing four cheques in replacement of one of them. A connection exists between the two offences.Penal Law · Source page ٢٢٦

  8. - جريمة إصدار شيك بدون رصيد من الجرائم المخلة بالشرف

    Principle 812The accused’s issuance of several cheques without existing and disposable funds to cover payment, in favour of a single payee, on a single day, for a single transaction. Constitutes indivisible criminal activity for whicPenal Law · Source page ٢٢٦

  9. (المواد ٢٤٣ : ٢٤٨)

    Principle 816Wilfulness within the meaning of Article 244 of the Penal Code. Its nature. Example of the existence of wilfulness in an offence of intentional arson.Penal Law · Source page ٢٢٨
  10. Principle 817The offence of deliberately setting fire. Is not among the offences in which reconciliation and individual pardon are permissible.Penal Law · Source page ٢٢٨
  11. Principle 818Proof of intentionally setting fire. Criminal law has prescribed no particular method for it.Penal Law · Source page ٢٢٨

  12. (المادة ٢٥٠)

    Principle 819The offence of deliberately setting fire. Its establishment: whenever the offender deliberately sets fire to any of the things provided for in Article 244 of the Penal Code or those not provided for in Article 243 of thePenal Law · Source page ٢٢٨

  13. (المادة ٢٥٢)

    Principle 820The offence of causing damage resulting in disruption of a public utility or reduction of its usefulness. What suffices to establish it. An example. (10) Attacking a ship on the high seas (Article 252)Penal Law · Source page ٢٢٩
  14. Principle 821The offense of attacking a ship on the high seas provided for in the first paragraph of Article 252 of the Penal Code. The prerequisite for its establishment. - The presence or absence of criminal intent in the offense oPenal Law · Source page ٢٢٩

  15. (المواد ٢٥٤ : ٢٥٦)

    Principle 822The judgment's establishment that the accused were apprehended within territorial waters, relying on the incriminating evidence it cited - 229 - Penal Law establishes a situation of flagrante delicto permitting a police Penal Law · Source page ٢٢٩
  16. Principle 823The offence of entering a dwelling with intent to commit an offence. The criterion for its establishment: proof that the perpetrator intended to commit a criminal act, even if that act was not known. Example.Penal Law · Source page ٢٣٠
  17. Principle 824The Court of Appeal is seised of the case on the basis of the notice of appeal. Its implication: it is bound by its contents and by the facts presented to the court of first instance as stated in the charging document. EPenal Law · Source page ٢٣٠
  18. Principle 825The rationale for punishment in the offence of entering a dwelling. Protecting and safeguarding the inviolability of dwellings. Example of the offence being constituted by entering an internal garden of a dwelling.Penal Law · Source page ٢٣٠
  19. Principle 826The offence of entering a dwelling with intent to commit an offence is established whenever it is proved that the offender intended to commit a criminal act, whether or not that act was specified.Penal Law · Source page ٢٣٠
  20. Principle 827The offence of entering a dwelling with the intention of committing an offence therein. Condition for its establishment. The existence of this intent in the offender. Inference of its existence. A matter of fact. - 230 -Penal Law · Source page ٢٣٠

  21. أولاً: أركان جريمة التزوير "بوجه عام"

    Principle 828The judgment’s conclusion that the offence of forcible indecent assault is connected with the offence of entering a dwelling with intent to commit an offence, and imposition of a single penalty for both. The challenge baPenal Law · Source page ٢٣١
  22. Principle 829The alteration of the truth in the document relating to a statement issued by one party and not by a competent employee. An individual declaration, not forgery. The alteration of the truth must concern a material particuPenal Law · Source page ٢٣٥
  23. Principle 830The condition for establishing forgery. The alteration of the truth must occur in an essential particular which the document was prepared to prove. Individual declarations concerning information that may be true or falsePenal Law · Source page ٢٣٥
  24. Principle 831Proof of the nationality of a Kuwaiti. Its means. The nationality certificate. And proof of the nationality of a non-Kuwaiti. Its means. His passport. Or the document serving in its place. - Not every alteration of the tPenal Law · Source page ٢٣٥
  25. Principle 832The judgment addressing expressly and separately the existence of the elements of the offence of forgery. Unnecessary.Penal Law · Source page ٢٣٥

  26. ثانياً: القصد الجنائي في جريمة التزوير

    Principle 834The material element in the offence of forgery. Its nature. - Assessing whether some people could be deceived by the forged document. A matter for the trial court. Example. Second: Criminal intent in the offence of forgePenal Law · Source page ٢٣٦
  27. Principle 835The judgment’s express and separate discussion of the existence of the elements of forgery. Unnecessary, so long as it states facts indicating their existence.Penal Law · Source page ٢٣٦
  28. Principle 836The judgment's addressing criminal intent or other elements of the offence of forgery expressly and separately. Not necessary. So long as it sets out facts indicating it.Penal Law · Source page ٢٣٦
  29. Principle 837Express and separate discussion of each element of forgery. Unnecessary where the judgment sets out facts indicating it. - Forgery of official documents. Criminal intent. Its establishment. Deliberately altering the trutPenal Law · Source page ٢٣٦
  30. Principle 839When the offence of forging an official document is established. The motive for committing the offence. What is not among its elements. Forgery of an official document occurs even if no harm is caused to a particular perPenal Law · Source page ٢٣٧
  31. Principle 840The offence of forgery of an official document. When it is established. Its motive is not an element thereof. The legislature has not prescribed a special method for proving it. On the absence of an interest in the forgePenal Law · Source page ٢٣٧
  32. Principle 841Criminal intent in forgery offenses. It is established by altering the truth in a document by recording a forged fact in the guise of a true fact, with knowledge of the truth concerning the forged fact and the intention Penal Law · Source page ٢٣٧

  33. ثالثاً: الشروع في التزوير

    Principle 842A person's providing, orally or in writing, incorrect information to the Kuwaiti Nationality Verification Committee - 237 - Penal Law with a view to acquiring nationality for himself or another, or facilitating its acquiPenal Law · Source page ٢٣٧
  34. Principle 843The perpetrator's exhaustion of all criminal activity he could undertake to complete the offense, but for the intervention of a cause beyond his control between him and its completion. An example of attempted forgery by Penal Law · Source page ٢٣٨
  35. Principle 844Attempted forgery of an official document. When it is established. An example concerning forgery in a list of the names of persons arriving in the country.Penal Law · Source page ٢٣٨

  36. رابعاً: الاشتراك في التزوير

    Principle 845Attempt to commit an offence. It is commencing an act with the intention of carrying it out, where the perpetrator was unable to complete his offence for reasons beyond his control. Example: concerning assuming a name inPenal Law · Source page ٢٣٨
  37. Principle 846When the accused is considered an accomplice to an offence before its commission. - Agreement by way of complicity is established by the parties’ unity of intent to commit the agreed act. - Assistance in the offence. AccPenal Law · Source page ٢٣٨
  38. Principle 848The existence of strong evidence accusing a specific person of complicity in forging an official document. Its effect. A police officer may arrest him without a warrant.Penal Law · Source page ٢٣٩
  39. Principle 850Complicity in forgery offences. Usually occurs without external manifestations or tangible material acts from which it may be inferred. - The judgment's express and separate discussion of each element of forgery. UnnecesPenal Law · Source page ٢٣٩
  40. Principle 851The facts set out in the judgment and the evidence of guilt containing nothing warranting belief in the appellant's participation in forging the female victim's signature on banking facilities agreements, and its failurePenal Law · Source page ٢٣٩
  41. Principle 852The judgment’s establishment of the appellants’ complicity in the offence of forgery. Its import. Their knowledge that the documents in the proceedings were forged is established. The challenge thereto. Incorrect.Penal Law · Source page ٢٤٠
  42. Principle 853The fabrication of documents and forgery of their particulars by the hand of another person. Does not affect liability as an accomplice in the offense of forgery. - The appellant's contention that he did not commit any mPenal Law · Source page
  43. Principle 854Forgery of official instruments. What establishes it. - Dictation of the false particulars through which forgery occurs. How it is established. Mere oral statement by the perpetrator of the forgery or his submission of aPenal Law · Source page
  44. Principle 855The trial court may adopt any evidence or presumption with which it is satisfied as proof supporting its judgment, so long as it leads to the conclusion it reached. Disputing this. Factual argument. Beyond the review of Penal Law · Source page
  45. Principle 857Assuming a false name in documents, some of which date back ten years and others less than that. The latter are sufficient to sustain the accusation. The judgment's failure to mention the former. Of no avail.Penal Law · Source page
  46. Principle 859Proof of forgery. Has no prescribed method. - The absence of the forged instrument does not prevent the production of evidence establishing its forgery.Penal Law · Source page
  47. Principle 860The absence of the forged document does not necessarily entail failure to establish the offence of forgery. The court may form its conviction in that regard through all means of proof and may accept a photographic copy oPenal Law · Source page
  48. Principle 861Punishable forgery need not be skilfully executed. Assessment thereof falls within the authority of the trial court.Penal Law · Source page
  49. Principle 862The appellant's (the Ministry of Health cashier's) deliberate omission of the entry of remittance receipts for the - 241 - Penal sums he collected in the cash movement statements. Its effect. Those statements do not corrPenal Law · Source page
  50. Principle 863The expert's inability to conduct a comparison in a forgery offence does not prevent the court from investigating its occurrence through all evidence. The reason: forgery proceedings have no particular method of proof foPenal Law · Source page
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